An Act concerning conditional intervention for certain first
offenders in municipal court, amending N.J.S.2C:43-12 and supplementing Title
2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:43-12 is
amended to read as follows:

2C:43-12. Supervisory
Treatment--Pretrial Intervention. a. Public policy. The purpose of sections
2C:43-12 through 2C:43-22 of this chapter is to effectuate a Statewide program
of Pretrial Intervention. It is the policy of the State of New Jersey that
supervisory treatment should ordinarily be limited to persons who have not
previously been convicted of any criminal offense under the laws of New Jersey,
or under any criminal law of the United States, or any other state when
supervisory treatment would:

(1) Provide applicants, on
an equal basis, with opportunities to avoid ordinary prosecution by receiving
early rehabilitative services or supervision, when such services or supervision
can reasonably be expected to deter future criminal behavior by an applicant,
and when there is apparent causal connection between the offense charged and
the rehabilitative or supervisory need, without which cause both the alleged
offense and the need to prosecute might not have occurred; or

(2) Provide an alternative
to prosecution for applicants who might be harmed by the imposition of criminal
sanctions as presently administered, when such an alternative can be expected
to serve as sufficient sanction to deter criminal conduct; or

(3) Provide a mechanism for
permitting the least burdensome form of prosecution possible for defendants
charged with "victimless" offenses, other than defendants who were
public officers or employees charged with offenses that involved or touched
their office or employment; or

(4) Provide assistance to
criminal calendars in order to focus expenditure of criminal justice resources
on matters involving serious criminality and severe correctional problems; or

(5) Provide deterrence of
future criminal or disorderly behavior by an applicant in a program of
supervisory treatment.

b. Admission of an
applicant into a program of supervisory treatment shall be measured according
to the applicant's amenability to correction, responsiveness to rehabilitation
and the nature of the offense. There shall be a presumption against admission
into a program of supervisory treatment for a defendant who was a public officer
or employee whose offense involved or touched upon his public office or
employment.

c. The decision and
reasons therefor made by the designated judges (or assignment judges),
prosecutors and program directors in granting or denying applications for supervisory
treatment, in recommending and ordering termination from the program or
dismissal of charges, in all cases shall be reduced to writing and disclosed to
the applicant.

d. If an applicant desires
to challenge the decision of the prosecutor or program director not to
recommend enrollment in a program of supervisory treatment the proceedings
prescribed under section 14 shall be followed.

e. Referral. At any time
prior to trial but after the filing of a criminal complaint, or the filing of
an accusation or the return of an indictment, with the consent of the
prosecutor and upon written recommendation of the program director, the
assignment judge or a judge designated by him may postpone all further
proceedings against an applicant and refer said applicant to a program of
supervisory treatment approved by the Supreme Court. Prosecutors and program
directors shall consider in formulating their recommendation of an applicant's
participation in a supervisory treatment program, among others, the following criteria:

(1) The nature of the
offense;

(2) The facts of the case;

(3) The motivation and age
of the defendant;

(4) The desire of the
complainant or victim to forego prosecution;

(5) The existence of
personal problems and character traits which may be related to the applicant's
crime and for which services are unavailable within the criminal justice
system, or which may be provided more effectively through supervisory treatment
and the probability that the causes of criminal behavior can be controlled by
proper treatment;

(6) The likelihood that the
applicant's crime is related to a condition or situation that would be
conducive to change through his participation in supervisory treatment;

(7) The needs and interests
of the victim and society;

(8) The extent to which the
applicant's crime constitutes part of a continuing pattern of anti-social
behavior;

(9) The applicant's record
of criminal and penal violations and the extent to which he may present a
substantial danger to others;

(10) Whether or not the crime
is of an assaultive or violent nature, whether in the criminal act itself or in
the possible injurious consequences of such behavior;

(11) Consideration of whether
or not prosecution would exacerbate the social problem that led to the applicant's
criminal act;

(12) The history of the use of
physical violence toward others;

(13) Any involvement of the
applicant with organized crime;

(14) Whether or not the crime
is of such a nature that the value of supervisory treatment would be outweighed
by the public need for prosecution;

(15) Whether or not the
applicant's involvement with other people in the crime charged or in other
crime is such that the interest of the State would be best served by processing
his case through traditional criminal justice system procedures;

(16) Whether or not the
applicant's participation in pretrial intervention will adversely affect the
prosecution of codefendants; and

(17) Whether or not the harm
done to society by abandoning criminal prosecution would outweigh the benefits
to society from channeling an offender into a supervisory treatment program.

f. Review of Supervisory
Treatment Applications; Procedure Upon Denial. Each applicant for supervisory
treatment shall be entitled to full and fair consideration of his application.
If an application is denied, the program director or the prosecutor shall
precisely state his findings and conclusion which shall include the facts upon
which the application is based and the reasons offered for the denial. If the
applicant desires to challenge the decision of a program director not to
recommend, or of a prosecutor not to consent to, enrollment into a supervisory
treatment program, a motion shall be filed before the designated judge (or
assignment judge) authorized pursuant to the rules of court to enter orders.

g. Limitations.

[Supervisory](1) Except as provided in paragraph (2) of this subsection, supervisory
treatment may occur only once with respect to any defendant and any person who
has previously received supervisory treatment under section 27 of P.L.1970,
c.226 (C.24:21-27), shall not be eligible for supervisory treatment under this
section.

(2) (a) Any person who
has previously received conditional intervention in municipal court under
section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill) shall not be eligible for
supervisory treatment under this section for a period of one year following
completion of the conditional intervention program. Subsequent to the one-year
period, there shall be a rebuttable presumption that such person shall not be
eligible for supervisory treatment under this section.

(b) However,
supervisory treatment, as provided herein, shall be available to a defendant
irrespective of whether the defendant contests his guilt of the charge or
charges against him.

h. Termination.
Termination of supervisory treatment under this section shall be immediately
reported to the assignment judge of the county who shall forward such
information to the Administrative Director of the Courts.

i. Appointment of Program
Directors; Authorized Referrals. Programs of supervisory treatment and
appointment of the program directors require approval by the Supreme Court with
the consent of the assignment judge and prosecutor. Referrals of participants
from supervisory treatment programs may be to any public or private office or
agency, including but not limited to, programs within the probation service of
the court, offering counseling or any other social service likely to aid in the
rehabilitation of the participant and to deter the commission of other
offenses.

j. Health Care
Professional Licensing Board Notification. The program director shall promptly
notify the State Board of Medical Examiners when a State licensed physician or
podiatrist has been enrolled in a supervisory treatment program after he has
been charged with an offense involving drugs or alcohol.

a. Whenever any person who
has not previously been convicted of any disorderly persons or petty disorderly
persons offense is charged with or convicted of any disorderly persons offense
or petty disorderly persons offense, the court upon notice to the prosecutor
and subject to subsection c. of this section, may on motion of the defendant or
the court:

(1) Suspend further
proceedings and with the consent of the person after reference to the State
Bureau of Identification criminal history record information files, place him
under such reasonable terms and conditions as it may require; or

(2) After plea of guilty or
finding of guilty, and without entering a judgment of conviction, and with the
consent of the person after proper reference to the State Bureau of
Identification criminal history record information files, place him under such
reasonable terms and conditions as it may require, or as otherwise provided by
law, including but not limited to restitution; community service; drug and
alcohol screening and counseling; anger management and other appropriate
counseling; and an order restraining the defendant from entering the residence,
property, school, or place of employment of the victim or third parties
associated with the victim.

b. In no event shall the
court require any terms or conditions under this section to exceed a period of
one year. Upon violation of a term or condition the court may enter a judgment
of conviction and proceed as otherwise provided, or where there has been no
plea of guilty or finding of guilty, resume proceedings. Upon fulfillment of
the terms and conditions of conditional intervention the court shall terminate
the terms and conditions and dismiss the proceedings against him. Termination
of conditional intervention and dismissal under this section shall be without
court adjudication of guilt and shall not be deemed a conviction for purposes
of disqualifications or disabilities, if any, imposed by law upon conviction of
a disorderly persons offense or petty disorderly persons offense but shall be
reported by the clerk of the municipal court to the State Bureau of
Identification criminal history record information files. Termination of
conditional intervention and dismissal under this section may occur only once
with respect to any person. Imposition of conditional intervention under this
section shall not be deemed a conviction for the purposes of determining
whether a second or subsequent offense has occurred under any law of this
State.

c. Proceedings under this
section shall not be available to any person unless the court in its discretion
concludes that:

(1) The person has not
participated previously in a program of conditional intervention in municipal
court available pursuant to the provisions of this section; and

(2) The person has not
participated previously in a program of conditional discharge available
pursuant to N.J.S.2C:36A-1 or under section 27 of P.L.1970, c.226 (C.24:21-27);
and

(3) The person has not
completed previously a program of intensive supervision established pursuant to
the Rules Governing the Courts of the State of New Jersey; and

(4) The terms and conditions
of conditional intervention will be adequate to protect the public; and

(5) The court is satisfied
that the nature of the offense; the facts of the case; the motivation and age
of the defendant; and the desire of the complainant or victim to forego
prosecution make it likely that the defendant would be conducive to change
through his participation in conditional intervention.

d. The terms and duration
of the conditional intervention shall be set forth in writing, signed by the
municipal prosecutor and agreed to and signed by the participant. If the
participant is represented by counsel, defense counsel shall also sign the
agreement. Each order of conditional intervention shall be filed with the
municipal clerk.

e. A person seeking
conditional intervention pursuant to this section shall pay to the court a fee
of $75. A person may apply for a waiver of this fee, by reason of poverty,
pursuant to the Rules Governing the Courts of the State of New Jersey.

3. (New section) The
Supreme Court may adopt rules concerning conditional intervention in municipal
courts in accordance with the procedures set forth in subsection g. of
N.J.S.2C:43-12 and section 2 of P.L. , c. (C. ) (pending before
the Legislature as this bill).

4. This act shall take
effect on the 60th day after enactment.

STATEMENT

This bill creates an
alternative to sentencing for certain first-time offenders in municipal court
who are charged with a disorderly persons offense or a petty disorderly persons
offense.

The provisions of the bill are
patterned closely on the provisions of N.J.S.A.2C:36A-1 which permits certain
first-time drug offenders to have proceedings suspended or to have no judgment
of conviction entered if they complete certain drug treatment or meet other
conditions imposed by the court. N.J.S.A.2C:36A-1 is a continuation of a
provision previously found in Title 24 of the Revised Statutes at
N.J.S.24:21-27.

The bill provides that a
municipal judge, upon notice to the prosecutor and subject to certain findings,
may suspend further proceedings and place the first-time offender under such
reasonable terms and conditions as the judge may require. Alternatively, after
a plea of guilty or finding of guilty, and without entering a judgment of
conviction, the municipal judge may place the first-time offender under such
reasonable terms and conditions. The terms and conditions include but are not
limited to restitution; community service; drug and alcohol screening and
counseling; anger management and other appropriate counseling; and an order
restraining the defendant from entering the residence, property, school, or
place of employment of the victim or third parties associated with the victim.

If the offender violates a
term or condition then the court may enter a judgment of conviction and proceed
or, where there has been no plea of guilty or finding of guilty, resume
proceedings. Upon fulfillment of the terms and conditions of conditional
intervention the court would terminate the program and dismiss the proceedings.
Termination of conditional intervention and dismissal would not be deemed a
conviction for purposes of disqualifications or disabilities. Termination of
conditional intervention and dismissal could be granted only once to any
person. A person seeking conditional intervention as established by the bill
cannot have participated previously in a program of conditional discharge for
drug offenses or in a program of intensive supervision for indictable offenses.

Currently, persons who are
charged with an indictable offense (a crime of the first, second, third or
fourth degree) may be eligible for pretrial intervention (“PTI”) pursuant to
N.J.S.A.2C:43-12 et seq. The bill provides that a person who received
conditional intervention in municipal court pursuant to the bill and is then
charged with an indictable offense would not be eligible for PTI for a period
of one year following completion of the conditional intervention program.
Subsequent to the one-year period, there would be a rebuttable presumption that
the person would not be eligible for PTI.

Before authorizing conditional
intervention in municipal court, the municipal judge must find that the terms
and conditions of conditional intervention will be adequate to protect the
public. Additionally the judge must find that the nature of the offense, the
facts of the case, the motivation and age of the defendant, and the desire of
the complainant or victim to forego prosecution make it likely that the
defendant would be conducive to change through participation in conditional
intervention.

The sponsor notes that a
person who is charged with an indictable offense has the possible benefit of
PTI. This bill provides a similar alternative for a first-time offender who is
charged with a lesser, non-indictable disorderly persons or petty disorderly
persons offense in municipal court.